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The mayor, prior to the final adoption of such map or maps, shall afford to all persons interested a full opportunity to be heard respecting such map or maps and the acquisition of the real estate shown thereon, and shall give public notice of such hearing, by publishing a notice, once in each week, for three successive weeks in the City Record, and in two papers published in the county or counties in which the real estate to be acquired or affected is situated, and in two daily papers in the city. At such hearing or hearings, testimony may be produced by the parties appearing before it in such manner as the mayor may determine, and he or she is hereby authorized to administer oaths and issue subpoenas in any such proceeding pending before him or her.
The commissioner, his or her agents, engineers, surveyors, and such other persons as may be necessary to enable him or her to perform his or her duties under this subchapter, are hereby authorized, pursuant to section four hundred four of the eminent domain procedure law, to enter upon real estate, and any land or water on or contiguous to the line, course, site or track of any pond, lake, stream, reservoir, dam, aqueduct, culverts, sluices, canals, bridges, tunnels, pumping works, blow-offs, shafts and other appurtenances for the purpose of making surveys or examinations and preparing and posting the notices required by this subchapter.
a. After the final adoption of such map or maps, the commissioner shall prepare six similar maps or plans of the proposed site of any dam, reservoir, aqueduct, sluice, culvert, canal, pumping works, bridges, tunnels, blow-offs, ventilating shafts, and other necessary appurtenances for the proper completion of the work so proposed by the commissioner. Upon such maps there shall be:
1. Laid out and numbered the various parcels of real estate, on, over or through which the same are to be constructed and maintained, or which may be necessary for the prosecution of the work authorized by this subchapter.
2. Delineated the natural and artificial division lines existing on the surface of the soil at the time of the survey.
3. Plainly indicated thereon, of which parcels the fee or other interest is to be acquired.
b. Such maps may be made and filed in sections. One or more sections may be determined before the maps of the whole construction are completed. The proceedings herein authorized may, in like manner be taken separately, in reference to one or more of such sections, before the maps of the whole are filed. The work upon one or more of such sections may be begun before the maps of the remaining sections are filed. The map or maps, when adopted by the commissioner and mayor, shall be by such commissioner transmitted to the corporation counsel, with a certificate of approval written thereon and signed by the commissioner and the mayor.
c. The corporation counsel shall cause one of such maps to be filed in the office of the clerk of each county in which any real estate laid out on such maps shall be located, except that in any county in which there may be a register's office, such map shall be filed therein, instead of with the county clerk. The fourth, fifth and sixth maps shall be disposed of in the manner indicated in section 5-366 of this subchapter.
a. The commissioner, subject to the approval of the mayor, may agree with the owners or persons interested in any real estate laid down on such maps upon the amount of compensation to be paid to such owners or persons interested for the taking or using and occupying such real estate. In case any such real estate shall be owned, occupied or enjoyed by the people of this state, or by any county, town or school district within this state, such rights, titles, interests or properties may be paid for upon agreement respectively with the New York State office of general services, who shall act for the people of the state, with a chairperson and a majority in numbers of the board of supervisors of any county, who shall act for such county, and with the supervisor and commissioners of highways in any town, who shall act for such town, and with the trustees of any school district, who shall act for such district, and with the president and a majority of the board of trustees of any incorporated village. The New York State office of general services shall have power to grant to the city any real estate belonging to the people of this state which may be required for the purposes indicated in this subchapter, on such terms as may be agreed on between them and such commissioners. If any real estate of any county, town or school district is required by the city for the purposes of this subchapter, the majority of the board of supervisors, acting for such county, or the supervisors of any such town, with the commissioners of highways therein, acting for such town, or the trustees of any school district, acting for such district, or the president and majority of trustees of any incorporated village, may grant or surrender such real estate for the compensation agreed upon between such officers respectively and such commissioners.
b. In case any real estate required by the city for the purpose of this subchapter shall be vested in any trustee not authorized to sell, release and convey the same, or in any infant, idiot, or person of unsound mind, the supreme court shall have power, by a summary proceeding, on petition, to authorize and empower such trustee or general guardian or committee of such infant, idiot, or person of unsound mind, to sell, convey, or surrender the same to the city on such terms as may be just. In case any such infant, idiot, or person of unsound mind has no general guardian or committee, the court may appoint a special guardian or committee for the purpose of making such sale, surrender, or conveyance, and may require such security from such general or special guardian or committee as such court may deem proper. Before any conveyance or release authorized by this subchapter shall be executed, the terms on which the same shall be executed shall be reported to the court on oath, and if the court shall be satisfied that such terms are just to the party interested in such rights, titles, interests, or properties, the court shall confirm the report and direct to be executed the proper conveyance or release, which shall have the same effect as if executed by an owner of such rights, titles, interests or properties having legal power to sell, surrender, and convey the same.
c. In case any person owning private property not actually taken or proposed to be taken, pursuant to the provisions of this subchapter, but which will in such person's opinion be damaged, the commissioner representing the city, with the approval of the mayor, may agree with such person as to the amount of such damages, and if such agreement cannot be made, such damages, if any, shall be determined in the same manner provided for ascertaining and determining the value of real estate taken under such proceedings, and the amount of such damages so agreed upon or so determined shall be payable and collectible in the same manner as is provided in the case of awards made in such proceedings.
After such maps shall have been filed, as provided for in section 5-360 of this subchapter, the corporation counsel, upon first giving the notice required in section 5-363 of this subchapter, shall apply, pursuant to section four hundred two of the eminent domain procedure law, to the supreme court, at a special term thereof to be held in the judicial district in which the real estate to be acquired or affected is situated, for an order to acquire such property. Upon such application the corporation counsel shall in addition to the other requirements of section four hundred two of the eminent domain procedure law, present to the court a petition, signed and verified by the commissioner, setting forth the action theretofore taken by such commissioner and the mayor, and the filing of such maps. Such petition shall contain a general description of all the real estate to, in or over which any title, interest, right or easement is sought to be acquired for the city for the purposes of this subchapter, each parcel being more particularly described by a reference to the number of such parcel, as given on such map, and the title, interest or easement sought to be acquired to, in or over such parcel, whether a fee or otherwise, shall be stated in the petition.
a. The corporation counsel in addition to the notice required in section four hundred two of the eminent domain procedure law shall give notice in the City Record, and in two public newspapers published in the city. A statement of the boundaries of the real estate to be acquired or affected, with separate enumerations of the numbers of the parcels to be taken in fee, and of the numbers of the parcels in which any interest or easement is to be acquired, with a reference to the date and place of filing the map or maps shall be sufficient description of the real estate sought to be so taken or affected. The notice in the City Record and public newspapers in the city shall be published and posted in accordance with the applicable provisions on publication and posting contained in subdivision (B) of section four hundred two of the eminent domain procedure law.
b. At the time and place mentioned in such notice, unless the court shall adjourn such application to a subsequent day, and in that event, at the time to which the same may be adjourned, the court, upon due proof to its satisfaction of such publication and posting, and upon filing the petition, shall make an order which shall not only grant the petition, but satisfy the other requirements of paragraph five of subdivision (B) of section four hundred two of the eminent domain procedure law. After satisfaction of the applicable provisions of the eminent domain procedure law, the court shall ascertain and appraise the compensation to be made to the owners and all persons interested in the real estate laid down on such maps, as proposed to be taken or affected for the purposes indicated in this subchapter. There shall be submitted to the same judge, at one time, however, only as many parcels as can reasonably be passed upon and an award made therefor, by the court, within the limits of one year from entry of the order granting the petition.
a. On entry of the order and filing of the acquisition map, the city shall be and become seized in fee of all those parcels of real estate which are shown on the map hereinbefore referred to made by the commissioner of which it has been determined by the commissioner that the fee shall be acquired, and shall be entitled to take and hold such interest in the parcels of land in which it has been determined that the fee shall not be acquired, as has been shown on such map and described in the petition. The city may upon satisfaction of the requirements of the eminent domain procedure law, take possession of the lands shown on such map, or any part or parts thereof.
b. The buildings or improvements thereon, however, shall not be removed or disturbed within one year from the date of the completion of notice of entry of the order as required by section five hundred two of the eminent domain procedure law unless ten days' notice is given to the owner or to the owner's attorney, of the intention to make such removal, and affording the owner an opportunity to examine the property with a justice of the court and such witnesses as the owner may desire. If the owner of the property cannot be found with due diligence, and there is no attorney representing the property or parcel, before removing, disturbing or destroying any of the buildings or improvements, the representatives of the city or the corporation counsel shall cause measurements to be made of the buildings and photographs to be taken of the exterior views thereof, which measurements and photographs shall be at the disposition, thereafter, of the claimant or the claimant's attorney in case such claimant or attorney shall appear and demand the same before the claim shall have been tried.
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